BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130010692
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of the former service member's (FSM) rank on an unspecified discharge document.
2. The applicant states she has documentation showing the FSM's rank should be WOJG W2.
3. The applicant provides copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge); a National Archives Form 13038 (Certification of Military Service); a February 1951 Headquarters and Headquarters, 171st Military Police Battalion photo board; 17 October 1956 Honorable Discharge Certificate; and documentation attesting to her relationship to the deceased.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted,
has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. It appears that the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The FSM served on active duty in an enlisted status from 9 February 1943 through 4 December 1945, attaining the rank of technical sergeant. The WD AGO Form 53-55 and Statement of Service reflect this rank and period of service.
4. At some point after 4 December 1945 and prior to February 1951, the FSM was appointed as a warrant officer and was assigned to Headquarters and Headquarters, 171st Military Police Battalion, Camp McCoy, Wisconsin. At this point in history, this rank was referred to as warrant officer junior grade (WOJG), pay grade W1.
5. The applicant served honorably and was promoted to chief warrant officer, pay grade W2 and, on 17 October 1956, he was honorably discharged as a chief warrant officer, pay grade W2.
6. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
a. Paragraph states the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.
b. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The FSM served two separate periods of service, first in an enlisted status and then as a warrant officer. The WD AGO Form 53-55 and Statement of Service show the FSM's enlisted rank is appropriate for these documents for the period of service they cover.
2. At the time of his initial appointment as a warrant officer, the rank was called warrant officer junior grade, WOJG and the pay grade was W1.
3. At some point after February 1951 he was promoted to chief warrant officer two, pay grade W2. He was honorably discharged in this rank and pay grade. It cannot be determined if he ever served on active duty in this rank as no separation document other than his Honorable Discharge Certificate is available.
4. The applicant has provided no evidence of any error in the FSM's rank or pay grade at any point in his career or in the documentation provided and no relief is warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________X________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130010692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080015209
b. DD Form 214, dated 26 May 1950, shows: (1) he reenlisted in the Regular Army for a period of 3 years on 6 June 1947; (2) at the time of his separation, he was assigned to the 1122d Army Supply Unit, Army Base, Boston, Massachusetts; (3) he completed 2 years, 11 months, and 21 days of creditable military service during this period, 10 months and 24 days of which was foreign service; (4) he was honorably discharged in the rank of sergeant first class on 26 May 1950; (5) Item 27...
ARMY | BCMR | CY2010 | 20100017634
The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show: * his correct military occupational specialty (MOS) * award of the: * Combat Infantryman Badge * Bronze Star Medal * Forward Observer Badge * Presidential Unit Citation [sic] 2. For services performed during World War II, awards will be made only to service units and only for services performed...
ARMY | BCMR | CY2010 | 20100013022
The applicant, the grandson of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as sergeant (SGT) and he served as a military policeman (MP). His grandfather's tombstone should show the rank of SGT and not private (PVT) and he served as an MP. There is no evidence in the available record and the applicant has provided insufficient evidence to support...
ARMY | BCMR | CY2009 | 20090019365
The applicant, as the widow of a former service member (FSM), requests the following corrections on the FSMs WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge): * Item 32 (Battles and Campaigns) to show the Ardennes-Alsace campaign * Item 33 (Decorations and Citations) to show five bronze service stars and the Korean Service Medal with one bronze service star 2. The FSM served on active duty from 23 September 1950 to 31 July 1951 and was awarded the Korean...
ARMY | BCMR | CY2010 | 20100014974
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Sergeant First Class (SFC) instead of a Technical Sergeant (T/Sgt). The evidence of record shows the FSM served on active duty from 20 January 1944 through 5 June 1946. The rank "SFC" did not exist during his military service.
ARMY | BCMR | CY2010 | 20100010873
The applicant, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show two awards of the Bronze Star Medal, one award for valor and one award based on award of the Combat Infantryman Badge. The applicant provides: * two applications * the FSM's Death Certificate * the FSM's WD AGO Form 53-55 * an award certificate for the Bronze Star Medal, dated 14 August 1951 * a letter from...
ARMY | BCMR | CY2014 | 20140006974
The applicant, the daughter of a deceased former service member (FSM), requests correction of her late father's grade shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). The FSM's complete military records are not available to the Board for review. The Purple Heart orders and the letter from the Ashford General Hospital provided by the applicant showing the FSM's grade as SGT are accepted as sufficient evidence on which to base amending the...
ARMY | BCMR | CY2014 | 20140013877
The applicant requests that the discharge (i.e., WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge)) of his deceased father, a former service member (FSM), be corrected to show that he was awarded a Purple Heart (PH), a higher rank, and an "Expert Badge with 3 Bars." The FSM was promoted to a higher rank than his records show, that he received a PH for a wound while in World War II, and he was awarded an Expert Badge with 3 Bars. There is insufficient evidence...
ARMY | BCMR | CY2013 | 20130018401
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to reflect sergeant (SGT/E-5) as the highest grade held based on his battlefield promotion and back pay associated with that promotion. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to add the following entries his WD AGO 53-55: * Prisoner of War Medal in item 33 * the entry...
ARMY | BCMR | CY2005 | 20050002392C070206
The applicant, the son of a deceased former service member (FSM) requests correction of his father’s records to show award of the Purple Heart for “an injury that occurred in action during the Korean Conflict.” In addition, the applicant states the FSM also served in World War II, as an infantryman, and was awarded his first Combat Infantryman Badge. A DD Form 214, dated 11 March 1962 and amended by a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from...